Common use of Authorization for the Service Clause in Contracts

Authorization for the Service. (a) ITUNES is hereby authorized to sell COMPANY Ring Tones by making the Service available in the Territory. (b) COMPANY may notify ITUNES’ designated representative in writing from time to time that one or more COMPANY Tracks are not eligible for inclusion in the Service because of a Clearance Matter, in which case such COMPANY Track will cease to be an Eligible Track and ITUNES will cease to include it in the Service within xxxxxx days of receiving the notice. ITUNES’ current designated representative for such notices is ixxxxxxxxxxxxx@xxxxx.xxx. ITUNES may, from time to time, change the designated representative and means for giving written notice by posting a notice on its Label Connect site. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (c) If a COMPANY Track xxxxxx or if the same exact version of the COMPANY Track is no longer available on the Online Store (e.g., due to redelivery), then ITUNES shall use the track metadata on the Online Store user’s hard drive to determine whether the track is an Eligible Track for purposes of determining whether the track is eligible for inclusion in the Service and, if so, for purposes of reporting and payment. (d) COMPANY Ring Tones (i) may be transferred to and used on xxxxxx iPhones, which cannot transfer COMPANY Ring Tones with their content rights keys to any other device, (ii) may be transferred to, stored on, and previewed on up to five (5) Transfer Devices at the same time, and (iii) may be used solely for end user’s personal and non-commercial use. (e) COMPANY shall be responsible for and timely pay: (i) all record royalties to artists, producers, performers, musicians and other record royalty participants for the Sale of COMPANY Ring Tones, (ii) all reproduction and distribution (i.e., mechanical) royalties payable to composers, lyricists, authors and publishers of compositions embodied in COMPANY Ring Tones for the Sale of COMPANY Ring Tones, (iii) all payments that may be required under collective bargaining agreements applicable to COMPANY or third parties other than ITUNES, and (iv) any other royalties, fees and/or sums payable with respect to the Sale of COMPANY Ring Tones as part of the Service hereunder.

Authorization for the Service. (a) ITUNES is hereby authorized to sell COMPANY Ring Tones by making the Service available in the Territory. (b) COMPANY may notify ITUNES’ designated representative in writing from time to time that one or more COMPANY Tracks are not eligible for inclusion in the Service because of a Clearance Matter, in which case such COMPANY Track will cease to be an Eligible Track and ITUNES will cease to include it in the Service within xxxxxx days of receiving the notice. ITUNES’ current designated representative for such notices is ixxxxxxxxxxxxx@xxxxx.xxxxxxxxxxxxxxxxx@xxxxx.xxx. ITUNES may, from time to time, change the designated representative and means for giving written notice by posting a notice on its Label iTunes Connect site. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. (c) If a COMPANY Track xxxxxx or if the same exact version of the COMPANY Track is no longer available on the Online Store (e.g., due to redelivery), then ITUNES shall use the track metadata on the Online Store user’s hard drive to determine whether the track is an Eligible Track for purposes of determining whether the track is eligible for inclusion in the Service and, if so, for purposes of reporting and payment. (d) COMPANY Ring Tones (i) may be transferred to and used on xxxxxx of iPhones, which cannot transfer COMPANY Ring Tones with their content rights keys to any other device, (ii) may be transferred to, stored on, and previewed on up to five (5) Transfer Devices at the same time, and (iii) may be used solely for end user’s personal and non-commercial use. (e) COMPANY shall be responsible for and timely pay: (i) all record royalties to artists, producers, performers, musicians and other record royalty participants for the Sale of COMPANY Ring Tones, (ii) all reproduction and distribution (i.e., mechanical) royalties payable to composers, lyricists, authors and publishers of compositions embodied in COMPANY Ring Tones for the Sale of COMPANY Ring Tones, (iii) all payments that may be required under collective bargaining agreements applicable to COMPANY or third parties other than ITUNES, and (iv) any other royalties, fees and/or sums payable with respect to the Sale of COMPANY Ring Tones as part of the Service hereunder.